Jump to content
Banner by ~ Ice Princess Silky

news ToonKriticY2K and accusations of sexual misconduct


maverickBNA

Recommended Posts

I wouldn't just say theatrics, he's a total idiot. You don't go out and defend a pedophile saying "he doesn't deserve hate", you don't admit you're one just like Toon, and you don't try to weasel your way out saying "It's just roleplay, it doesn't matter, :'(", God.

 

Just like ToonKritic, he made bad choices and ruined his own career and reputation, and possibly his own life. I'm just glad I'm not famous around this community, it's just better to be some random nobody, and from what I can tell, fame isn't really worth it.

Edited by Seiya-Meteorite
  • Brohoof 2
Link to comment
Share on other sites

  • 1 month later...
On 2/24/2018 at 10:21 AM, mrx1983 said:

this would be a complete non issue in my country. we think that with 14 a teen is able to make her own decisions regarding this. i think america is very strict because of their different culture. in germany consent age is 14, and this is not just written on a paper. here is a recent verdict of a relationship between a 15 and 30 year old:
https://www.welt.de/politik/deutschland/article159199634/15-Jaehrige-darf-Beziehung-mit-30-Jahre-aelterem-Mann-fuehren.html
it basically says the parents are in the wrong, and the 15 year old can make her own decision.
she can continue the relationship, or to better say it, a cancelation would even have harmed her according to the judge.
in my opinion and according to laws of my country i think someone having a relationship with a teen is not to blame as long as it is with consent and both persons agreeing to the activity.

well thats the thing most here dont look at toon is american living in the US, the girl is filipino living in the republic of the philippines their age of consent is 12 she is 14, she made her own decision to erp with toon, she gave knowing consent, she is over the age of consent for the country she is not only a citizen of but also resides in, they cant apply american law and standards to her because she isnt on american soil, a citizen of the USA or attempted to block toon over the year of erping with him till december of 2017 did she block him, and that is where it would of ended but she went further and with her actions turned it into a spectacle all over social media, and were still debating it after 5 months after the leak. i say we drop the topic its not an illegal act sure it may seem illegal but its 2 countries 2 different set of laws and a crime committed over the internet is a legal nightmare, they arent going to do a damn thing about it, toon wont face charges hell i doubt even the police give a crap about this case probably will be collecting dust for decades. the horror of this incident is only seen from a moral standpoint not a legal one.

On 3/1/2018 at 11:45 PM, Total Lunar Eclipse said:

The biggest problem with pedophiles in a family or community is when the family or community fails to protect their own from them. It's not enough to banish the pedophilia, that's just allowing them to go somewhere else and continue hurting people. This should not be kept hush hush or hidden. Pedophile motivation isn't fame related, quite the opposite, they go to great lengths to keep their secret. The fact that he got a Skype under a completely different name confirms his desire to stay hidden. 

Banishing and hiding pedophiles is letting them win, and it's a huge disservice to past and future victims. 

I know people who have been assaulted as children by family members, and the family kept it a secret because they didn't want their family's reputation to be marred. No! Absolutely unacceptable! Never do this! It's so damaging to everyone, including that very same reputation (which should NEVER come before the victims). You know what happened to their reputation? It went to shambles because everyone found out that there was a pedophile and instead of stopping him, everyone was so wrapped up in preserving their reputation that they didn't help the ones who were hurt, and it continued to happen, so they lost what respect they had long ago.

People who have been affected matter SO MUCH more than public image, anyway. They need the fandom to stick up for them more than ever.

Sure, there will be some people thinking 'wow, yuck, there's pedophiles in the MLP fandom' but you know what? We can tell them yes, and we didn't give them a safe space, we didn't entertain any pity or arguments in their favor, no excuse, and we didn't just banish them with a slap on the wrist. We fought them, we punished them, we destroyed their lives. They are in prison now because the fandom protected its youth and didn't tolerate pedophilia. 

Yes, MLP attracts pedophiles. It's not the fandom's fault and the public has no trouble understanding this. It's the nature of pedophiles, they flock to anywhere they can find children. That's why's is so important we don't let them off with a slap on the wrist. Banishing them from the fandom when we could do more isn't enough. 

As for arguments about what's legal in different countries, it doesn't matter. If it's illegal in their country, it's pedophilia. No excuses.

pedophilia isnt a crime, it only becomes a crime when they act upon the urges and take physical action against their victims.

Link to comment
Share on other sites

On 3/14/2018 at 8:11 AM, Nyactis Mewcis Catlum said:

The problem is that approaching this from the angle of "they were doing it just to cover things up" not only vilifies those who did this, but also redirects the blame onto the wrong people. ToonKritic's friends are not responsible for his behavior. He is responsible for his behavior, and there are a myriad of reasons why people did not 'rat it out', not the least of which being the fact that they were manipulated into believing him when he said that these were exaggerated stories meant to make him look bad. Would you not think similarly if your friend made such a plea of you when they were being accused of something? Your first thought would be to believe your friend over these strangers throwing accusations at them. And this is similar of a lot of those who were hurt by ToonKritic's actions; many of them simply did not want to believe their friend would do something like this, and were willing to believe him over the voices of people they didn't know as well.

It's a common human trait, and people going out of their way to cast doubt and suspicion upon what are completely normal, human, empathetic reactions to a situation muddy the waters and take the blame off of the real person we should be mad at: ToonKritic. An example of how detrimental this can be to getting the right guy was already stated within this thread, so I won't repeat it, but I will say this: I understand your outrage, but you can't let anger toward ToonKritic cloud your judgment of the people around you.

Our country operates under innocent until proven guilty for a reason. Unless you have concrete proof of people doing this to cover their reputations, it's a lofty accusation to throw at them and just dilutes the conversation.

 

That is not to say we can't learn from this. We should recognize our natural human biases of believing our friends over random accusations, and treat every person with the same amount of skepticism. Not doing so risks allowing people who are close to us, who are popular, and who have that horse famous title to get away with some pretty heinous things, just because we're more eager to believe them over accusations. We should look into what we hear from other people and not just accept anything at face value.

It's very clear that the relationships were abusive in nature. The victims in question were hurt by his actions. Where you live may have different laws, but I'm sorry, there's no way in hell a 14 year old has the same emotional maturity for relationships as a 24 year old. It also helps that ToonKritic is confirmed to have been cheating on these girls, as well as the actual one consensual partner he had, so even without the age gap, these relationships started out with an angle of deceit and manipulation.

It's not just their age that makes us think this. I will not describe it in depth here (too graphic), but you can tell by the chatlogs that he was giving classical grooming behavior. It was clear that he was taking advantage of their lack of experience with relationships as well as making himself out to be the Mature, Responsible One TM on purpose. The language that he uses in these interactions is not innocent.

There's nothing good about these relationships. Strip away the age gap, and you still have an obvious maturity gap, obvious grooming mechanisms, and cheating behind them. And that's a really big if on the age gap. There's a reason why the age of consent is higher in most places, and that's because it's incredibly uncommon if not nonexistent for a relationship between a teen that young and an adult of that age to be a healthy, consensual relationship.

lol if u look at my chatlogs with my friends u would see similar mannerisms, and wording tho i'm not trying to groom my friends, its just how i talk or type in this case. u cant go off how he worded things and say its classic grooming behavior, i would of treated sally the exact same way it was Role Playing, whether sexually or not, if u have never tried deep RPing and staying in character all the time when u do so u would never see these chatlogs differently. from someone who has RP'd and ERP'd over the many years with people of probably all ages, i have read and seen more disturbing things on youtube then i did from these chatlogs which mind u are heavily edited and sections completely missing (look at the top and bottom of each screenshot carefully and u should notice the date differences and segments that dont match up with the next screenshot). 

u stated there is an obvious maturity gap, where is it i dont see an maturity gap when reading an ERP story in these chatlogs, i can easily tell sally is no stranger to RPing on the internet, even sexually, i would even bet this wasnt her first time, now toon is 24 sally is 14, toon is american age of consent is 17 for the state of illinois, sally is filipino age of consent is 12 for the republic of the philippines, both are consenting adults in their respective countries they resided in during these chatlogs. whether there is a maturity gap the law of both countries is infact how any crime would be determinded, u cant apply american age of consent laws to a non american who is not on american soil or is in anyway an american citizen,  inturn if this goes to court the girl who identifies in every screenshot as a child not an adult she inturn is in breach of the republic of the philippines child pornography distribution law.
 

http://www.lawphil.net/statutes/repacts/ra2009/ra_9775_2009.html
Section 3 A states ((a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to: (1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and (2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein.) sadly by depicting this 14 year old girl as a child clearly makes her in violation of child pornography laws in the philippines,


Section 3 B states ((b) "Child pornography" refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities.)

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person: (b) To produce, direct, manufacture or create any form of child pornography;

Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography and other offenses punishable under this Act may be filed by the following: (a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where the violation occurred; or
(j) Any person who has personal knowledge of the circumstances of the commission of any offense under this Act.

Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be vested in the Family Court which has territorial jurisdiction over the place where the offense or any of its essential elements was committed pursuant to Republic Act No. 8369, otherwise known as "Family Courts Act of 1997".

now as for the recorded skype call, 

https://www.glasgowolsson.com/cookcountycriminalattorneys/2017/08/13/recording-private-conversations-illinois 
(illinois two party consent law - also covers any recording type not just use of easdropping equipment covers recording software as well)

for false accusations against toon


https://www.puryearlaw.com/2011/01/23/defamation-libel-slander-in-illinois/
 (defamation law of illinois) 

http://kellywarnerlaw.com/us-defamation-laws/ 
(defamation laws of the united states)

now many of u see toon as this monster this pedo who was in a relationship with a 14 year old, toon is 24 at the time he is american their age of consent is 17 for the state of illinois. sally is 14 at the time she is filipino her countries age of consent is 12 for the republic of the philippines, under this information both are consenting adults.

many call toon a pedo, but what of other annlyists in the community i direct u to goldenfox and keyframe.


youtube.com/watch?v=YqSR84BpcKQ



this video was posted september 12th 2015, current ages of goldenfox is 29 keyframe is 20 there is a 9 year gap, this video is the 1 year anniversary of them dating.

so 3 years ago give or take was the anniversary so 4 years ago they started dating. which would put keyframe at 16 years old and goldenfox at 25, not much of a difference then toon at 24 and sally at 14, and yet we condemned toon for what he did and yet goldenfox doesnt suffer the same fate golden is no different actually he is much worse then toon see golden had physical contact with a minor, intimate relationship with a minor on american soil, they technically lived together. 

if ur going to condemn toon for being into someone who isnt mentally mature enough or is a minor then goldenfox should inturn burn beside him for committing the same crime.

Link to comment
Share on other sites

(edited)
48 minutes ago, Starlight Nova said:

now many of u see toon as this monster this pedo who was in a relationship with a 14 year old, toon is 24 at the time he is american their age of consent is 17 for the state of illinois. sally is 14 at the time she is filipino her countries age of consent is 12 for the republic of the philippines, under this information both are consenting adults.

Please correct me if I'm wrong, but isn't them erping together against the law even if Sally was over the age of consent in the Phillipines? After all, according to Illinois laws. "Any person age 17 or older commits this offense by engaging in any of the following with the intent to commit sexual abuse of a child: (1) discuss a sex act over the internet with a child under the age of 17; or (2) to request or command a child under the age of 17 to engage in a sex act over electronic means, the phone or in person. It is important to keep in mind that the offense does not require any actual sexual abuse because the mere solicitation constitutes the offense. This offense can be a Class 1, 2 or 3 felony and carry a penalty of 2-15 years in prison and a fine up to $25,000. The precise nature of the charge and punishment is contingent on the intended child sexual abuse."

Heck, even the mere act of discussing sex with a child  on the internet constitutes a Class 4 felony that can be punished by 1-4 years in prison and a fine up to $25,000.
   

So no, he did commit a crime. 

Edited by Yamet
  • Brohoof 3
Link to comment
Share on other sites

1 hour ago, Yamet said:

Please correct me if I'm wrong, but isn't them erping together against the law even if Sally was over the age of consent in the Phillipines? After all, according to Illinois laws. "Any person age 17 or older commits this offense by engaging in any of the following with the intent to commit sexual abuse of a child: (1) discuss a sex act over the internet with a child under the age of 17; or (2) to request or command a child under the age of 17 to engage in a sex act over electronic means, the phone or in person. It is important to keep in mind that the offense does not require any actual sexual abuse because the mere solicitation constitutes the offense. This offense can be a Class 1, 2 or 3 felony and carry a penalty of 2-15 years in prison and a fine up to $25,000. The precise nature of the charge and punishment is contingent on the intended child sexual abuse."

Heck, even the mere act of discussing sex with a child  on the internet constitutes a Class 4 felony that can be punished by 1-4 years in prison and a fine up to $25,000.
   

So no, he did commit a crime. 

as stated in ur post and its very specific "any person age 17 or older commits this offense by engaging in any of the following with the intent to commit sexual abuse of a child.
now the child in this law would have to be american for this law to apply to toon. and here is the proof

 


http://segasister.tumblr.com/post/173258132570/bluebreeze52-taken-from-lily-peets-tumblr-i

And more bad news… Voice and I spoke with an FBI agent two months ago… they said that what he did was certainly inappropriate, but nothing illegal. So yes, this is definitely an issue with the law. Josh had NOTHING to do with that. 

this shows irrefutable that toon did not commit a crime under american or international law.

it would of been a crime had sally been american or was under the age of consent in the country she resided in.

Link to comment
Share on other sites

Haha, so funny. People trying to bring the law into there own hands :lol:

He didn't do anything illegal.  Toon should sue :P and he will win for loss of earnings, slander, damage to reputation, Etc.

I've even recommended he does so, and hes seriously considering it.

1 hour ago, Yamet said:

please correct me if I'm wrong, but isn't them erping together against the law even if Sally was over the age of consent in the Phillipines? After all, according to Illinois laws. "Any person age 17 or older commits this offense by engaging in any of the following with the intent to commit sexual abuse of a child: (1) discuss a sex act over the internet with a child under the age of 17; or (2) to request or command a child under the age of 17 to engage in a sex act over electronic means, the phone or in person. It is important to keep in mind that the offense does not require any actual sexual abuse because the mere solicitation constitutes the offense. This offense can be a Class 1, 2 or 3 felony and carry a penalty of 2-15 years in prison and a fine up to $25,000. The precise nature of the charge and punishment is contingent on the intended child sexual abuse."

Heck, even the mere act of discussing sex with a child  on the internet constitutes a Class 4 felony that can be punished by 1-4 years in prison and a fine up to $25,000.
   

So no, he did commit a crime. 

Wrong, there is a little unknown law called the Romeo + Juliet law meaning minors can be together even if one of them is 17/18/19/20 

 if a young adult over the age of 17 has consensual sexual relations with someone under the age of 17, but at least 15 years old, with no more than a four-year age difference between the two, it falls under the Romeo + Juliet Law. So its perfectly legal as long as it was consensual which it was.

 

Basically since Toon and Sally have known each other since they were both minors and were in a relationship with each other when they were minors, this law covers them. If Sally found it disturbing she should have asked him to stop, then reported it to the police as harassment rather then this sitch up. 

Link to comment
Share on other sites

(edited)
3 minutes ago, BloodDrops said:

Wrong, there is a little unknown law called the Romeo + Juliet law meaning minors can be together even if one of them is 17/18/19/20 

 if a young adult over the age of 17 has consensual sexual relations with someone under the age of 17, but at least 15 years old,

Too bad she was 14 then. 

Edit: And even if she was 15, it wouldn't have mattered because illinois doesn't actually have a romeo and juliet law. 

Edited by Yamet
  • Brohoof 2
Link to comment
Share on other sites

@[Starlight Nova] The big problem is not the cybersex (though that's also a problem), but rather the fact that they disscused meeting up in person and actually fuck. That is a crime. 

27 minutes ago, Starlight Nova said:

this shows irrefutable that toon did not commit a crime under american or international law.

Not really. All it shows is that one FBI agent think that he didn't commit a crime. FBI agents can be wrong you know.

  • Brohoof 1
Link to comment
Share on other sites

1 minute ago, Gestum said:

@[Starlight Nova] The big problem is not the cybersex (though that's also a problem), but rather the fact that they disscused meeting up in person and actually fuck. That is a crime. 

Not really. All it shows is that one FBI agent think that he didn't commit a crime. FBI agents can be wrong you know.

but its not a crime when its between 2 consenting adults, i have personally spoken with lawyers a judge and several attorneys in the state of illinois about the matter with zak kayes and sally, they have also confirmed the same thing the FBI agent stated tho inappropriate its isnt illegal.

Link to comment
Share on other sites

Just now, Starlight Nova said:

but its not a crime when its between 2 consenting adults, 

But it's not between two consenting adults, it's between a 14 year old and 24 year old. And before you start with "the age of consent is 12 in the Philippines", let's take a second to remember that it's against federal law to travel to another country and sleep with people under the age of 16  regardless if the actual age of consent of that country is lower than that or not. 

  • Brohoof 4
Link to comment
Share on other sites

1 minute ago, Gestum said:

The big problem is not the cybersex (though that's also a problem), but rather the fact that they disscused meeting up in person and actually fuck. That is a crime. 

Can you prove that beyond a reasonable doubt? 

2 minutes ago, Gestum said:

Not really. All it shows is that one FBI agent think that he didn't commit a crime. FBI agents can be wrong you know.

I will tell you a story of a good friend of mine, He was a great teacher, one of the best. He taught Art/geography/Maths at a crappy run down school, even though he could have taught in pretty much anywhere since he had 5 degrees. (he was fucking clever like Steven Hawkins) with a pay at least 3 times what he got, though he did it because he enjoyed it and believed he did the best good at this particular school. 

Now one day, he gave a girl detention because she kept skipping his classes. Though on the particular day he was at a teacher/parent day with around 10 other teachers, myself included. Guess what that girl never went to the detention since he was nice enough to let her off from it, since everyone was busy with the teacher/parent day, though she called the police and said he had 'raped' her while in said detention, which never happened.

Now despite the lack of evidence, (E.g. there was at least a dozen teacher and several dozen more parents there. He didn't even leave once during the 4 hour period it was on) Or the fact that the girl was trying to get back at him. He went to jail for 3 months and got put on the sex offenders list. When the girl eventually confessed it was a hoax, he was released but he was never removed from the sex offenders list. Which fucked his life up. 

 

1 minute ago, Yamet said:

But it's not between two consenting adults, it's between a 14 year old and 24 year old. And before you start with "the age of consent is 12 in the Philippines", let's take a second to remember that it's against federal law to travel to another country and sleep with people under the age of 16  regardless if the actual age of consent of that country is lower than that or not. 

Proof, or didn't happen. 

Link to comment
Share on other sites

yes if toon had traveled to another country to sleep with a person under the age of 16 regardless of acutal age of consent of that country is lower than that or not it would of been a crime however toon was speaking or in this case typing an idea now he never got physical purchased a ticket or had a real world meetup with sally, inturn only words were exchanged and Role Playing was involved how can u take real intent from role playing and seperate them, can u say with 100% certainty that toon intended to meet her IRL, or that he fantasized thru the RP with her of a meetup, and went from there remember she consented over the internet from her country she takes full responsibility for anything she agrees to over the internet.

Link to comment
Share on other sites

3 minutes ago, Starlight Nova said:

yes if toon had traveled to another country to sleep with a person under the age of 16 regardless of acutal age of consent of that country is lower than that or not it would of been a crime however toon was speaking or in this case typing an idea now he never got physical purchased a ticket or had a real world meetup with sally, inturn only words were exchanged and Role Playing was involved how can u take real intent from role playing and seperate them, can u say with 100% certainty that toon intended to meet her IRL, or that he fantasized thru the RP with her of a meetup, and went from there remember she consented over the internet from her country she takes full responsibility for anything she agrees to over the internet.

I got drunk once and had a dream about the best way to blow up a building, on that basis i should be arrested on terrorism charges. 

Link to comment
Share on other sites

Just now, BloodDrops said:

I got drunk once and had a dream about the best way to blow up a building, on that basis i should be arrested on terrorism charges. 

ur not the only one but i dream about it every night i wonder about the trade buildings in NYC and how it would look if u blew it sky high.
CIA try me i am ready to CoD ur but with some satchel charges and a ripper

Link to comment
Share on other sites

Just now, Starlight Nova said:

ur not the only one but i dream about it every night i wonder about the trade buildings in NYC and how it would look if u blew it sky high.
CIA try me i am ready to CoD ur but with some satchel charges and a ripper

I play GTA5 and shoot people, I should be arrested for murder.

Link to comment
Share on other sites

Just now, Starlight Nova said:

i gotta reinstall that sometime i miss mass murder, but with toon it would be even more fun

I'm going to add him to Skype or Discord get him back to making reviews and vids. Been gone way too long for this zombie. 

Link to comment
Share on other sites

its funny tho toon is innocent the evidence has been edited censored and even doctored (think i spelt that last one wrong) , sections are missing and the information that was leaked is likely editted as well to paint a 1 sided story, but the law is straightforward and completely rock solid, when legal professionals and those charged with investigating crimes tell people what he did wasnt illegal they say he was likely wrong or new to the job or doesnt understand the legal system or laws or even he is very inexperienced. but the truth is often hard to swallow and even harder when a community defamed an innocent person who committed only and inappropriate act rather then a criminal one. the damage done to toon and the many many false accusations against him, specifically done by his own friends or former friends had far reaching consequences and they may pay legal charges against them by toon for defamation, his former friends and those who associate with them no only destroyed toon's livelihood and life but also spreaded false accusations and rumors that aided in destroying this person socially and mentally.

i will not be surprised if toon takes anyone in the community to court for these damages against him.

Link to comment
Share on other sites

12 minutes ago, BloodDrops said:

Can you prove that beyond a reasonable doubt? 

Read their chat logs. 

13 minutes ago, BloodDrops said:

I will tell you a story of a good friend of mine,

Please don't. That story had fuck all to do with this discussion. Also to qoute yourself "Proof,or it didn't happen".

22 minutes ago, Starlight Nova said:

i have personally spoken with lawyers a judge and several attorneys in the state of illinois about the matter with zak kayes and sally, they have also confirmed the same thing the FBI agent stated tho inappropriate its isnt illegal.

I'm going to be 100% honest here. I don't belive you. But your 100% free to post some proof.

 

  • Brohoof 2
Link to comment
Share on other sites

as far as toonkritic now is to me. he to was seemingly a good person. a bit skeptical at times,but not enough to have this  sexual allegations thing against him. although I respectfully believe his actions had consequences and the community found out. i now would like nothing to see him or his content ever again.

 

  • Brohoof 2
Link to comment
Share on other sites

Just now, Gestum said:

Read their chat logs. 

Please don't. That story had fuck all to do with this discussion. Also to qoute yourself "Proof,or it didn't happen".

I'm going to be 100% honest here. I don't belive you. But your 100% free to post some proof.

 

oh u mean their heavily edited censored and sections missing chat logs, ones where over  300 days worth of texts are missing from the screenshots,

Link to comment
Share on other sites

1 minute ago, Yamet said:

If your referring to everything from the Discord chat, that has a 'Zero leak policy'. Then that evidence is invalid since its taken under duress after all Toon was threatened with Police/violence against himself if he didn't confess etc. 

any other evidence you want me to null and void yet :P

1 minute ago, Starlight Nova said:

did toon travel to the philippines and physically interacted with sally in any way. prove that and i'll retract my defense of him

He didn't 

 

Innocent. 

  • Brohoof 1
Link to comment
Share on other sites

Just now, BloodDrops said:

If your referring to everything from the Discord chat, that has a 'Zero leak policy'. Then that evidence is invalid since its taken under duress after all Toon was threatened with Police/violence against himself if he didn't confess etc. 

any other evidence you want me to null and void yet :P

He didn't 

 

Innocent. 

for that skype call that josh recorded since it included a person from the state of illinois and would be used in a court of law in the state of illinois the defense can inturn apply the state of illinois two-party consent law which requires all parties to a conversation to have given consent before any lawful recording can take place. this skype call was recorded illegally just because josh resides in texas does not mean the state of texas wiretapping law will be applied to the evidence when its submitted to the court, when recording anyconversation it is best to get everyones consent before beginning any recording as to avoid the potential of commiting a illegal act .

well first off it may have been recorded in another state however since it included persons from various states and would be used as evidence in the state of illinois without toon's consent  to being recorded it is illegal. regardless of being done so over the internet it still falls on all those that were in the conversation. 

Federal law may apply when the conversation is between parties who are in different states, although it is unsettled whether a court will hold in a given case that federal law “pre-empts” state law. In Duncan, the newspaper argued that the federal law should pre-empt the state statutes, because the telephone call crossed state lines, placing it under federal jurisdiction. However, in that case, the court did not address the pre-emption issue. Moreover, as noted above, either state may choose to enforce its own laws.

For example, a reporter located in the District of Columbia who records a telephone conversation without the consent of a party located in Maryland would not violate District of Columbia law, but could be liable under Maryland law. A court located in the District of Columbia may apply Maryland law, depending on its “conflict of laws” rules. Therefore, an aggrieved party may choose to file suit in either jurisdiction, depending on which law is more favorable to the party’s claim.

In one case, a New York trial court was asked to apply the Pennsylvania wiretap law — which requires consent of all parties — to a call placed by a prostitute in Pennsylvania to a man in New York. Unlike the Pennsylvania wiretap statute, the New York and federal statutes require the consent of only one party. The call was recorded with the woman’s consent by reporters for The Globe, a national tabloid newspaper. The court ruled that the law of the state where the injury occurred, New York, should apply. (Krauss v. Globe International)

the call over skype was recorded illegally under illinois state law for wiretapping, as all parties did not consent to being recorded.
and i'm also going to assume not everyone in the call was from the state of texas.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...